Puan Again Questions When The Issuance Of The Technical Rules Of The TPKS Law: Even Though It's Been More Than 1 Year

JAKARTA - Cases of sexual violence in Indonesia are like the tip of an iceberg. However, prevention has not been maximized. The chairman of the Indonesian House of Representatives, Puan Maharani, again urged the Government to prioritize the issuance of implementing regulations as an implementation of Law No. 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS).

"The case of sexual violence in Indonesia has become an iceberg phenomenon. The TPKS Law has been passed for more than a year, but it has not been implemented effectively because the technical regulations have not been issued yet," said Puan, Wednesday, May 31.

Based on Article 91 of the TPKS Law, implementing regulations are set no later than two years after this Law is enacted. Even so, the Government should be able to accelerate the issuance of derivative regulations for the TPKS Law considering that cases of sexual violence are an emergency in Indonesia.

"Completion of the technical rules of the TPKS Law must be a priority considering that we are facing an emergency situation of sexual violence, there must be a quick movement from the Government," continued Puan.

According to a report by the Ministry of Women's Empowerment and Child Protection (KemenPPPA), there were 11,016 cases of sexual violence in 2022. Of these, cases of sexual violence against children reached 9,588, where there was an increase from the previous year which amounted to 4,162 cases.

Then the National Commission (Komnas) for Women noted that cases of sexual violence were the most reported in 2022. There were 2,228 cases containing sexual violence or 65 percent of the total 3,422 cases of gender-based violence.

Most recently, a 15-year-old girl in Parigi Moutong, Central Sulawesi, was raped by 11 men, including the village head, teacher, and police officer. From the results of the health examination, it is known that the victim has a reproductive disorder so that further medical treatment is needed.

Furthermore, there were 41 students who became victims of sexual abuse at Islamic boarding schools in East Sakra, East Lombok, West Nusa Tenggara (NTB) where the perpetrators of sexual abuse were the leaders of Islamic boarding schools. Many cases of sexual violence also occurred in religious educational institutions throughout 2022 to mid-2023, such as in Lampung Province, then in Batang Regency, Central Java, and in Batu City, East Java.

Recently, there were also cases of sexual harassment in the work environment where female employees were asked to'staycation' with their superiors if they wanted a work contract to be extended. Then there was also the rape of an 18-year-old girl in Cirebon, West Java, which was carried out by two shop owners where she worked and the rape of a junior high school student in Bondowoso by her neighbor until she became pregnant.

Another quite horrendous case was the obscenity of 17 girls in Sleman, Yogyakarta Special Region (DIY), which was carried out by a man in his apartment from July 2022 to January 2023. In Bantul, DIY, there was also rape of minors where the perpetrators were fugitives.

"There have been so many cases of sexual violence in Indonesia. How long do you want to wait? The settlement should not only stop with the punishment of the perpetrators. In addition to the rehabilitation of victims, prevention efforts must be a priority," said Puan.

According to the former Coordinating Minister for Human Development and Culture, the implementation of the TPKS Law can break the chain of sexual violence in Indonesia because it contains rules for prevention efforts. Puan said that efforts to protect the public from acts of sexual violence began with the prevention stage.

The completion of the iceberg phenomenon of cases of sexual violence must indeed be carried out from upstream to downstream. The TPKS Law as a result of the struggle, many parties can also regulate the rights of psychological recovery as well as restitution and other needs of victims. So it is very important that the technical rules of the TPKS Law be issued immediately," he said.

Puan said that the problem of sexual violence should have been applied to the TPKS Law if there were technical rules. However, law enforcement officers to date only use Law Number 1 of 2016 concerning the Child Protection Law in cases of underage sexual violence.

"Even though cases of sexual violence can be more effective if law enforcers apply articles in the TPKS Law. Moreover, in the TPKS Law there are additional penalties if the perpetrators work as public servants," explained Puan.

Originally, there were 5 Government Regulations and 5 Presidential Regulations that would be made as a mandate from the TPKS Law. However, the Government agreed to simplify the formation of derivative rules to 3 Government Regulations and 4 Presidential Regulations.

The Indonesian House of Representatives has continued to encourage the Government to quickly issue derivative regulations for the TPKS Law so that the handling of cases of sexual violence in Indonesia can be more comprehensive. Puan said the DPR was waiting for the Government's commitment.

"The government must also explain how far the technical regulations have been prepared from the TPKS Law and when the target is completed," said Bung Karno's grandson.

On the other hand, Puan encouraged the public to oversee the settlement of the derivative rules of the TPKS Law. In addition, he invited the public to participate in providing protection for victims of cases of sexual violence.

"Because usually victims are reluctant to report because they feel afraid or severely traumatized. The participation of the community in guarding cases of sexual violence is very much needed," said Puan.

Puan also hopes that the implementation of the TPKS Law can reduce the number of cases of sexual crimes. "I hope that perpetrators of sexual crimes can get the right rewards," he concluded.